Judicial review in tender matters is limited to ensuring fairness and non-arbitrariness; minor technical defects in bids do not justify interference unless proven arbitrary or mala fide.

JUDGMENT :

SHREE CHANDRASHEKHAR, CJ.

Gurudatta Infrastructures (in short, petitioner-Firm) which is a Partnership-Firm has filed this writ petition through its partner, namely, Sanjay Ashok Rode.

2. The petitioner-Firm seeks to challenge the bid opening summary dated 5^th July 2024. The grievance of the petitioner-Firm is that the bid submitted by it was rejected on technical ground and M/s. R. K. Infraconstro Pvt. Ltd. has been illegally declared successful bidder. A related prayer made by the petitioner-Firm is for a direction to the tendering Authority to accept its bid for e-Tender Notice No.10/2023- 24 published on 6^th February 2024 on the official website portal of the Maharashtra State Road Transport Corporation, Nashik Division (in short, MSRTC).

3. On 23^rd July 2024, the following order was passed in Writ Petition No.10052 of 2024 :-

“1. On the oral prayer made by the learned counsel for petitioner, let the Principal Secretary (I.T.) be impleaded and as party-respondent No.6.

2. Necessary amendment shall be incorporated by the learned counsel for the petitioner during the course of the day.

3. Re-verification is dispensed with.

4. Issue notice to respondent Nos.1 to 3 and newly added respondent no.6, returnable on 6th August 2024.

5. Mr. Bhutekar, learned counsel has put in appearance on behalf of respondent Nos.1 to 3 and waives service of notice, whereas Mr. Kakade, learned Government Pleader puts in appearance on behalf of respondent No.5-State and waives service of notice.

6. The petitioner states that the subject tender appears to have been declared non-responsive purportedly for the reason that the petitioner had not submitted the Geo-tapping certificate signed by the Divisional Engineer. The submission of the petitioner is that despite making several requests, the Divisional Engineer did not sign Geo-tapping certificate which prevented the petitioner from submitting the same. As a result of which, without there being any fault on its part, the petitioner’s bid has been declared as non-responsive.

7. We have been informed that on 5th July 2024 a technical bid was opened wherein the petitioner’s technical bid was rejected and simultaneously the financial bid was also opened.

8. To ascertain the financial bid offered by the petitioner, we direct that the financial bid submitted by the petitioner shall also be opened, and the rates quoted by the petitioner shall be brought on record of this petition by way of an affidavit to be filed by the respondent No.1. We have been informed that the entire tender process has been conducted through E-mode on the portal www.mahatender.com managed by the National Informatics Center (NIC).

9. Accordingly, for compliance of this order, the NIC or any other concerned authority shall extend full cooperation to the respondents. The technical bid of the petitioner shall be opened within ten days from today.

10. Stand over to 6th August 2024. To be placed High on Board.

11. The respondent-Corporation shall file their affidavit-in-reply disclosing the rate quoted by the petitioner by the next date.”

4. M/s. R. K. Infraconstro Pvt. Ltd filed Special Leave to Appeal (Civil) No.18014 of 2024 aggrieved by the said order dated 25^th August 2025. The Special Leave to Appeal came to be allowed by an order dated 25^th August 2025 with a direction to the High Court to take-up the application for interim order or to decide the main matter itself after hearing the parties.

5. This writ petition was filed on 5^th August 2024 and listed before the Court on 13^th August 2024. This writ petition was not prosecuted for about five months and the petit